Rutledge Borough Council Meeting, December 10, 2007

Greg Lebold, Council President, opened the scheduled Borough Council Meeting at 7:30 PM, in the Council Meeting Room, 212 Unity Terrace, Rutledge, PA.

After the salute to the flag, the following Council members answered roll call: Greg Lebold, Tom Kopp, Mark King , Jack Borsch, Diane McGaughey and Kurt Morrison.

Not present: Thomas Ash

Also present: Mayor Scott Shields, G. Guy Smith, Esq., Police Chief Brian Craig, Ed McGaughey, Manager

MOTION by Jack Borsch, Second by Tom Kopp, to approve the minutes as submitted for the Council Meeting of November 5, 2007, Continued Council Meeting November 26, 2007 and Work Session of November 26, 2007. MOTION approved unanimously.

Public Comment: Dale Becket, 15 Linden Ave., stated that TMobile is not following the plans for construction that were submitted at various meetings, and wanted to know what the procedure is when plans are changed. Greg Lebold stated that the changes are submitted to the Borough Engineer for approval. If the Engineer determines that the changes are in order, the contractor may proceed.

Mr. Lebold said that the changes are not structural, of the pole or pad, but a change of equipment locations. Mr. Beckett stated that TMobile applied for a variance to build what is in the plans. Guy Smith stated that the Zoning Hearing was for land use, not approval of the plans. The plans go to the Building Committee for approval.

Mr. Lebold stated that the location of panel from location of pole hasn’t changed. Mark King added that they are following national codes.

Pat Beckett, 15 Linden Ave., stated that moving the utility backboard – didn’t submit plans to the Engineer before they did it. Catania wasn’t aware of it, so Mrs. Beckett notified them and the Borough.

The engineer can’t be there all the time, so she has to be a watchdog. Guy Smith thanked Mrs. Beckett. The information she has provided has been helpful to the Engineer and the Borough. The tower will be built according to the plans submitted. There was one attempt to make a major change and the Engineer made them submit revised plans. The workers were stopped until the Engineer reviewed the plans.

Mrs. Beckett stated that they are planning on putting shrubbery as a buffer between her fence and theirs.

Diane McGaughey stated that the Building Committee requested additional shrubbery. Mrs. Beckett questioned maintenance of the shrubbery. Ms. McGaughey stated that the Building Inspector will enforce maintenance ordinances on the property.

Suzanne Stewart, 42 Linden Ave., asked that residents be informed when TMobile makes changes. The Becketts are the unofficial watchdogs.

Will Stanton, 214 E. Sylvan Ave., asked whether the building of the cell tower is being held to the same standard of building permit that he would be if he or anyone else applied for a permit, and why the engineer is involved. Mr. Lebold stated that Council felt it was more appropriate for the Engineer to conduct the TMobile inspections. Mr. Stanton questioned the difference budgeted for zoning costs for 2007 and 2008. Scott Shields stated that $5,000 was budgeted in 2007 because Council knew the TMobile hearing would cost a lot in legal fees. $500 was budgeted in 2008 becaue Council is not expecting any major zoning hearings to occur.

Ed McGaughey announced that there were two guests from Verizon, Tiffinay Schoen and Tom Antonucci.-

Kent Erickcon, 217 E. Sylvan Ave., stated that he had signed up for Verizon’s 3 in 1 package, and has been unable to have it installed because there is no contract with Rutledge Borough. Mr. Erickson asked whether there is a deadline to have the contract with Verizon signed.

Guy Smith stated that a resolution for a franchise agreement between the Borough and Verizon will be voted upon tonight. Mr. Smith has been working with Verizon’s attorneys to finalize the terms of the agreement so that it is beneficial to both parties. When the agreement is signed, Verizon will want its customers up and running as soon as possible.

Tax Collector’s Report: Leonard Michael reported that $817.22 was collected in November 2007.

Treasurer’s Report – Gennifer Guiliano distributed the Cash Flow report for the month of November, 2007 was reviewed.

Code Enforcement/Building Inspector Reports – Harry Mirra read his report for the month of November, 2007:

2 Correction Notices Issued -Sidewalk repair & vehicle parked on the lawn

Both were corrected.

1 Use & Occupancy Inspection for house sale

9 Active Building Permits

Mayor’s Report Scott Shields read the police report for November, 2007. 8 motor vehicle citations, 10 parking tickets, 17 police calls, 6 complaints, 1 assist to ambulance, 1 assist fire co., 1 missing person.

Mayor Shields reported that a resident with Alzheimer’s went missing and was found in Glenolden. A boy was confronted by bullies when getting off of the school bus.

Swarthmore Police received grant money to do traffic enforcement, and have been ticketing stop sign violators.

Mayor Shields stated that the Finance Committee worked hard to keep taxes under control. There was no tax increase for 2008. There is an increase in sewer fees, but that is beyond the control of Council.

Correspondence:

DELCORA – having a webinar on Private Property Inflow and Infiltration Elimination

Greg Lebold commented that it involves the elimination of sump pumps emptying into the sanitary sewer system. Guy Smith added that the Borough will have to enforce the removal of ground water in the sanitary sewer system; treatment facilities will levy high costs to the Borough in treatment costs and fines incurred by DEP.

Committee Reports:

Ordinance/ Trash – Nothing to report

Building – Mark King reported that Building Committee has a revised plan for the Corcoran subdivision at 232 Sylvan Ave. It will be explained under old business.

Sewer Jack Borsch reported that sewer work need to be done in 5 places in the Borough. We will go out for rebids in January, in hope that the prices will be lower than those received previously.

Recreation – Kurt Morrison reported that he is working on Phase 2 of the Triangle Park Stormwater Project. The engineer is working on a design plan.

Public Safety – Tom Kopp read the Rutledge Fire Company’s November 2007 Report. There were: 9 fire calls with time in service of 7 hours and 24 minutes, and 6drills with time in service of 18 hours and 35 minutes. There was one local alarm – 11/12/07 Automatic alarm, unit block Sylvan Ave.

Safety Note: Cold weather has begun to set in, if you are planning to use an indoor fireplace, make sure the chimney flue has been cleaned by a professional.

Santa will be coming to town on Monday, December 24, at 5:00 PM, beginning at Morton and Linden Aves.

The Tri-Boro Association had a SEPTA disaster drill- train derailment. Live victims were used in coordination with SEPTA. SEPTA was impress with the Fire Co.’s performance.

The Rutledge Fire CO. wished a safe a fire free holiday season to all.

Mark King state that the corporate United Way giving campaign is under way and residents can contribute to the Rutledge Fire CO. through the United Way.

Finance – Diane McGaughey presented the 2008 Budget.

There is no increase in mills – 3.31 mills, 3.25 after the 2% discount. The trash fee will be $137.23 per unit. The sewer fee will be $257.27.

Gas Fund Receipts: $37,200.00

Gas Fund Expenses: $37,200.00

Sewer Fund Receipts: $93,137.40

Sewer Fund Expenses: $93,137.40

General Fund Receipts: $212,228.66

General Fund Expenses: $212,228.66

Total Assessment for the Borough is $33,065,300.

Scott Shields stated that last year, the Borough spent thousands of dollars in legal fees for Zoning Hearing legal fees. Borough Council does not take a salary, and the Solicitor is very generous with his time.

Will Stanton asked what was actually spent on zoning hearings this year. Diane McGaughey explained that the year-end expenses are not completed until January. Mr. Stanton asked how a 2008 budget can be passed with out knowing what was spent in 2007. Scott Shields explained the Borough’s budgeting process.

MOTION by Diane McGaughey, Second by Jack Bosch, to adopt Ordinance 455, an Ordinance fixing the tax rate for 2008, to be 3.3 mills, and Sewer fee per household unit to be $257.27, and a trash fee per household unit to be $137.23, . MOTION approved unanimously

MOTION by Diane McGaughey, Second by Jack Borsch, to adopt Resolution 2007-12-01, giving authorization for the Borough Tax Collector to collect the annual sanitary sewage usage fee. MOTION approved unanimously.

MOTION by Diane McGaughey, Second by Jack Borsch, to adopt Resolution 2007-12-02, to appoint the auditors for the fiscal year of 2008, to make an independent examination of the accounting records of the Borough of Rutledge. MOTION approved unanimously.

Old Business :

Mark King reported on the Corcoran subdivision, 232 Sylvan Ave,. The Corcorans have an agreement to purchase a portion of the bordering Hanser property to create a larger lot. The changes are within the requirements.

MOTON by Mark King, Second by Diane McGaughey to approve the Corcoran Subdivision at 232 Sylvan Ave. MOTION approved unanimously.

This will allow the Corcorans to proceed to the Zoning Hearing Board.

New Business:

Guy Smith reported that he has prepared a resolution to enter into a cable franchise agreement with Verizon. The Borough has two ordinances in place that provide certain requirements that have to be met.

The Verizon agreement is for 15 years.

MOTION by Diane McGaughey, Second by Jack Borsch, to approve Resolution 2007-12-03, a resolution authorizing the signing of a cable franchise agreement with Verizon PA Inc. for the installation, operation and maintenance of a community cable television system and erection, maintenance and operation of television transmission and distribution facilities in the Borough of Rutledge for a period of fifteen years as well as providing for the payment of a set fee to the Borough and otherwise regulating the same throughout the term of the contract. MOTION approved unanimously.

MOTION by Diane McGaughey, Second by Jack Borsch, to authorize the signing of a contract with Verizon

For a cable franchise in Rutledge. MOTION approved unanimously.

MOTION by Diane McGaughey, Second by Mark King, to approve the 2008 Meeting Schedule, and authorize the Secretary to advertise it. MOTION approved unanimously.

Public Comment:

Jodine Mayberry, 414 Unity Terrace, asked whether the Verizon agreement will resolve the issue of Council Meetings being taped. Guy Smith stated that the issue has to be resolved.

Mr. Beckett asked if this agreement would eliminate Comcast from the Borough – no.

Bills for December 10, 2007:

MOTION by Diane McGaughey, Second by Jack Borsch, to approve payment of the bills for the month from the General Fund in the amount of $33,949.91. MOTION approved unanimously.

MOTION by Diane McGaughey, Second by Jack Borsch, to approve payment of the bills for the month from the Gas Fund in the amount of $1,062.27. MOTION approved unanimously.

MOTION by Diane McGaughey, Second by Jack Borsch, to approve payment of the bills for the month from the Grant Fund in the amount of $1,242.09. MOTION approved unanimously.

Since there was no further business, the meeting was adjourned at 8:40 PM

Submitted by:

Gennifer Guiliano

Borough Secretary


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